Manhattan District Attorney Alvin Bragg indicated Tuesday he would oppose President-elect Donald Trump’s motion to dismiss his case.
Bragg suggested Judge Juan Merchan consider delaying remaining proceedings until Trump’s term ends in 2029.
“The People deeply respect the Office of the President, are mindful of the demands and obligations of the presidency and acknowledge that Defendant’s inauguration will raise unprecedented legal questions,” prosecutors wrote. “We also deeply respect the fundamental role of the jury in our constitutional system.”
“No current law establishes that a president’s temporary immunity from prosecution requires dismissal of a post-trial criminal proceeding that was initiated at a time when the defendant was not immune from criminal prosecution and that is based on unofficial conduct for which the defendant is also not immune,” the filing continues.
While Trump’s sentencing date has not yet been changed, Alvin Bragg says in a new letter that he’s open to putting off the sentencing while the parties litigate Trump’s motion to dismiss.
In other words: It’s likely Trump won’t be sentenced next week. https://t.co/Nx9RAmt41i pic.twitter.com/Zu5PHcAeEK
— Anna Bower (@AnnaBower) November 19, 2024
In May, a Manhattan jury convicted Trump on 34 counts for falsifying business records. Trump’s sentencing, initially set for days before the Republican National Convention in July, was delayed multiple times after the Supreme Court issued its ruling on presidential immunity.
Judge Juan Merchan halted all deadlines in the case last week in light of Trump’s election victory, delaying his decision on Trump’s motion to toss the jury’s verdict based on the Supreme Court’s presidential immunity.
Prosecutors indicated in the Tuesday filing they would not oppose a continued delay in Trump’s sentencing date, which remains on the calendar for Nov. 26.
“First, as a practical matter, Defendant’s stated plan to pursue immediate dismissal and file interlocutory appeals will likely lead to a stay of proceedings in any event: staying proceedings now until this Court’s resolution of the motion to dismiss would thus avoid unnecessary litigation,” prosecutors wrote. “Second, proceeding to sentencing now would not avoid the new immunity question that Defendant intends to aise.”
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